By Maeve Rowan
The High Court has refused X Internet Unlimited Company's applications to stop Coimisiún na Meán using information from five complaints made by users of the X platform while judicial review proceedings remain pending.
The complaints concern alleged breaches of provisions of the EU Digital Services Act dealing with illegal-content notification systems, reasons for platform decisions and internal complaints handling.
Coimisiún na Meán decided in October 2025 to pass information from the five complaints to its supervisory team under section 201(4)(d) of the Broadcasting Act 2009. That team can use regulatory information when monitoring wider compliance and considering whether formal enforcement action may be required.
X argues in the underlying cases that this step is unlawful. It says the regulator cannot use the general power in section 201(4)(d) to continue examining complaint material outside the formal investigation route provided elsewhere in the legislation.
Those arguments were not decided in this judgment. The issue before Mr Justice Cian Ferriter was whether Coimisiún na Meán should be prevented from using the information until the judicial reviews are determined.
The judge found that X had an arguable case but said a stay is not automatic when a public body's decision is challenged. Significant weight had to be given to the implementation of decisions that are presumed valid unless and until set aside, and to the public interest in effective regulation under the Digital Services Act.
The court noted that Coimisiún na Meán regulates X's service in Ireland as part of an EU-wide system affecting more than 100 million X users. It accepted evidence that complaint information can help identify broader compliance issues.
The judge considered X's claimed prejudice less compelling because any later formal enforcement action would carry its own fair-procedure protections, including opportunities for X to make representations.
Both stay applications were refused. The substantive challenges to the regulator's interpretation of section 201(4)(d) remain to be decided.